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MONITORING THE CONTRACT

MONITORING THE CONTRACT. SURVEILLANCE. FAR 42,46 AR 5-20 DA PAM 5-20. The process of checking is either by direct evaluation, observation or other pertinent means to determine contractor performance. WHO CAN PERFORM SURVEILLANCE?. FAR 42,46.

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MONITORING THE CONTRACT

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  1. MONITORING THE CONTRACT

  2. SURVEILLANCE FAR 42,46 AR 5-20 DA PAM 5-20 The process of checking is either by direct evaluation, observation or other pertinent means to determine contractor performance.

  3. WHO CAN PERFORM SURVEILLANCE? FAR 42,46 PCO, ACO, COR, TA AND OTHERS THAT ARE SO DESIGNATED

  4. POSSIBLE SET BACKS Lack of resources or equipment FAR 37,42.11,45 and 46

  5. Inadequate capital Inadequate staff POSSIBLE SETBACKS Subcontractor problems FAR 37,42.11 and 46

  6. Inclement weather FAR 37,42.11 and 46

  7. Differing Site Conditions FAR 37,42.11 and 46

  8. Ambiguous specs. FAR 36, 42.11 and 46

  9. QUALITY ASSURANCE SURVEILANCE PLAN Defines how the Govt. will ensure that the contractor is performing IAW the PWS/SOO. FAR 37.602 46.103 Page 4-6

  10. PWS/SOO and QASP are intertwined and should be written simultaneously for effectiveness and efficiency. PWS FAR 37,42,46 QASP A good QASP should include a surveillance schedule and provide the surveillance methods that will be used.

  11. 100 % INSPECTION Is the most appropriate method in the surveillance of contract requirements that contain tasks which have stringent performance requirements. Page 5-9 Mil Stds 105E 1910 245 AR 5-20

  12. Page 5-9 Mil Stds 105E/1910/245 AR 5-20 RANDOM SAMPLING Is most appropriate for tasks that recur frequently. Services are sampled to determine if the level of performance is acceptable. NOTE: Planned Sample Page 5-10, MIL STD 105E/1910

  13. Page 5-9 Mil Stds 105E/1910/245 AR 5-20 Random works best when the number of instances of services are large and a statistically valid sample can be obtained. Accomplished according to a sampling guide and a monthly schedule of inspections.

  14. PERIODIC SURVEILLANCE Page 5-10 Mil Stds 105E/1910/245 AR 5-20 Is based upon selecting samples for evaluation on other than 100% inspection or random. Appropriate for tasks that occur infrequently or according to a schedule.

  15. CUSTOMER COMPLAINTS Page 5-11 Mil Stds 105E/1910/245 AR 5-20 Is a valuable supplement to a more systematic method. Customers can be relied upon to complain consistently when the quality of performance is poor.

  16. FACTORS TO CONSIDER FOR • QASP Development: • - Criticality of the task • - Lot size • - Surveillance period • - Performance standard • Performance requirements • Availability of COR • - Value of the surveillance FAR 37.602, 46.103, 401(a)

  17. COR may develop a monthly schedule of activities based on the QASP ARs 70-1 and 5-20 DA PAM 5-20 schedule When the schedule is completed it becomes a “FOR OFFICIAL USE ONLY” and the contractor is not allowed to see it.

  18. SERVICE CONTRACT ACT of 1965 FAR 22.10 Dept. of Labor Requires all Govt. contracts Over $2,500 to pay employees at least the prevailing wage and fringe benefits determined by DOL. NOTE: Walsh-Healy Public Contract Act

  19. FAIR LABOR STANDARDS ACT Applies to all contracts of employment and not just Govt. contracts. 29 USC 201-219 This act establishes a minimum wage, maximum working hours with provisions for overtime pay, and prevention of oppressive child labor practices.

  20. GOVERNMENT FURNISHED PROPERTY Under the property clause at FAR 52.245-2, the contractor shall maintain a program for the use, maintenance, repair, protection, and preservation of GFP FAR 45.102 41 CFR Page 4-18

  21. Approve FAR 45.3 The Govt. warrants that GFP or facilities are safe and adequate for use.

  22. LIABILITY OF LOSS Government may be liable for: Storm Theft Fire FAR 52.245-1 Government Property Flood

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